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Appellate Review of Lanham Act Violations: Is Likelihood of Confusion a Question of Law or Fact

Appellate Review of Lanham Act Violations: Is Likelihood of Confusion a Question of Law or Fact

Appellate Review of Lanham Act Violations Is Likelihood of Confusion a Question of Law or Fact SMU Law Review Volume 38 | Issue 2 Article 4 1984 Appellate Review of Lanham Act Violations Is Likelihood[.]

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Antecedent Attitudinal Predictors of Likelihood of Voluntary Support for Affirmative Action in a Statewide Law Enforcement Organization

Antecedent Attitudinal Predictors of Likelihood of Voluntary Support for Affirmative Action in a Statewide Law Enforcement Organization

This study focused on understanding the types of attitudes toward external factors of reward distribution that served as antecedent predictors of likelihood of support for the voluntary practice of affirmative action (AA) in a statewide law enforcement organization in the United States (US). The impetus for the study was the concern over the perennial opposition to AA and the banning of the policy in some US states, despite that the policy has been strongly linked to increased hiring of racial-ethnic minorities in police organizations across the country. The hierarchical regression method was used to investigate three antecedent attitudinal factors, in addition to demographic factors, in four analytic models. Findings of the third and fourth (last two) models indicated that only one demographic factor, “years in law enforcement”, predicted likelihood of support for AA. Class antecedent attitude was a significant predictor of support for AA in model 3, but it was fully mediated in model 4. Race-ethnic antecedent attitude emerged as the strongest predictor of likelihood of support for AA in the fourth model which accounted for 38 percent of likelihood of support for AA. A major take away from this study is that while a favorable attitude toward the use of social class as an external condition of reward distribution may have its merits, it is the positive attitude toward the use of race-ethnicity as a factor of reward distribution and years in law enforcement that ultimately predicted the likelihood of support for the voluntary practice of AA.
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Constraints on atmospheric charmed-meson production from IceCube

Constraints on atmospheric charmed-meson production from IceCube

data. The recent binned likelihood analysis, with assumption of unbroken single power law astro- physical flux (described by two parameters: normalization Φ astro at 100 TeV neutrino energy and the spectral index γ astro ) and per-bin expectations given by the sum of three components: conventional, prompt, and astrophysical, of up-going events in 6 years of data [30] gives to date the strongest prompt neutrino flux constraints by IceCube. The prompt normalization as a function of the normalization and spectral index is shown in Fig. 3 (left). It is clearly seen that non-zero prompt normalization appears only for strong deviations from the best fit astrophysical spectrum. Fig. 3 (middle) shows the joint three-dimensional 90% confidence region for the prompt flux and the astrophysical param- eters. The maximum prompt flux in the three-dimensional confidence region is 1.06 × prediction taken from [31] (ERS) and can be treated as conservative upper limit. Recent selected perturbative QCD calculations [32–34] are shown in Fig. 3 (right) with the IceCube upper limit from the dis- cussed likelihood 6 year data analysis. The GRSST (H3p) pQCD calculation is based on the same set of tools, POWHEG and NNPDF3.0L, used to calculate predictions of the absolute prompt particle cross-sections at LHC [32] (example shown in Fig. 1)
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Crime, Punishment and Personality:  An Examination of the Deterrence Question

Crime, Punishment and Personality: An Examination of the Deterrence Question

To avoid some of these difficulties we examine here: 1 subjects' perceptions of their own likelihood of arrest and conviction if they were to violate the law, 2 subjects' perceptions of [r]

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Likelihood of Confusion

Likelihood of Confusion

Id.; Mattel, Inc. v. MCA Records Inc., 46 U.S.P.Q.2d 1407, 1418 (C.D. Cal. 1998) (“The Court must also consider the type of goods and the degree of care likely to be exercised by the purchaser. Under this analysis, adults would presumably be less prone to confusion than young children.”); Lyons P’ship, L.P. v. Giannoulas, 14 F. Supp. 2d 947, 953 (N.D. Tex. 1998) (“Finally, the fact that small children, incapable of reasoning, may have been confused by the Chicken’s act, does not amount to actual confusion.”); Harlem Wizards Entm’t Basketball, Inc. v. NBA Props., Inc., 952 F. Supp. 1084, 1098 (D.N.J. 1997) (“Actual confusion is not the same as clear mistake or misidentification on the part of consumers, many of whom it turns out were children. Moreover, there is no evidence that these purported instances of actual confusion could have any effect on consumer purchasing decisions.”); Three Blind Mice Designs Co. v. Cyrk, Inc., 892 F. Supp. 303, 312 (D. Mass. 1995) (“Stewart has also been asked to autograph defendant’s goods on several occasions, including once by a group of children on a golf course. Stewart has presented six examples of actual confusion.”); Geoffrey Inc. v. Stratton, 16 U.S.P.Q.2d 1691, 1696 (C.D. Cal. 1990) (“The category of a buyer protected by trademark law against this confusion includes not only the careful or discriminating buyer, but also the ignorant, the inexperienced, and the gullible. In this case, it is not only children but also adults who may be confused.”) (citation omitted); Original Appalachian Artworks, Inc. v. Topps Chewing Gum, Inc., 642 F. Supp. 1031, 1038 (N.D. Ga. 1986) (“While there are differences in the parties’ products and retail outlets, the purchasers of the parties’ items are often substantially similar. The evidence also suggests that young children were more likely to be confused than others.”); Bulk Mfg. Co. v. Schoenbach Prods. Co., 208 U.S.P.Q. 664, 668 (S.D.N.Y. 1980).
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Asymptotic properties of maximum likelihood estimator for some discrete distributions generated by

Asymptotic properties of maximum likelihood estimator for some discrete distributions generated by

The large-sample distribution of the Maximum Likelihood Estimator (M.L.E.) of the scale parameter for some discrete distributions gen- erated by Cauchy stable law are investigated. The [r]

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The debiased Whittle likelihood

The debiased Whittle likelihood

We compare pseudolikelihood approaches using simulated and real-world time series. In our example from oceanography, the debiased Whittle likelihood results in parameter estimates that are significantly closer to maximum likelihood than standard Whittle estimates, while reducing the computational time by a factor of 100 relative to maximum likelihood, thus demonstrating the practical utility and scalability of our method. Additionally, the theoretical properties of our new estimator are studied under relatively weak assumptions, in contrast to Taniguchi (1983), Dahlhaus (1988) and Velasco & Robinson (2000). Taniguchi (1983) considered autoregressive processes that depend on a scalar unknown parameter so that analytical calculations are possible. Dahlhaus (1988) examined processes whose spectral densities are the product of a known function with peaks that increase with sample size and a latent spectral density that is twice continuously differentiable in frequency. Velasco & Robinson (2000) investigated processes that exhibit power- law behaviour at low frequencies, and their results require continuous differentiability of the spectrum at all frequencies except zero. Our assumptions on the spectral density of the time series will be milder. In particular, we do not require that the spectral density be continuous in frequency. This is a useful generalization, as discontinuous spectra arise frequently, for example in oceanography, e.g., Polzin & Lvov (2011, p. 11). Despite these weaker assumptions, we are able to prove consistency of debiased Whittle estimates and establish a convergence rate matching the optimal n −1/2 , for large classes of Gaussian as well as non-Gaussian or nonlinear processes.
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Let’s work it out (or we’ll see you in court): litigation and private dispute resolution in vertical exchange relationships

Let’s work it out (or we’ll see you in court): litigation and private dispute resolution in vertical exchange relationships

We examine how partners in vertical exchange relationships actually resolve disputes that are sufficiently serious to get lawyers involved. Reaching beyond the usual domain of organizational and management research we leverage findings from law and economics to offer a novel organizational perspective on litigation and private dispute resolution, and develop hypotheses about the likelihood of litigation in different exchange settings. Our empirical analysis generates three sets of new findings: First, counter to the received wisdom we see that the involvement of lawyers does not necessarily signal the bitter end of an exchange relationship, as firms frequently manage to avoid litigation and resolve their disputes privately, and do so in a manner that accords with our theoretical predictions. Second, we see that familiarity with exchange partners does not automatically lead to increased willingness to work things out: rather, our empirical results suggest that the impact of exchange duration on parties’ willingness to resolve disputes privately is contingent on the development of norms of cooperation; in the event that such norms do not develop, the probability of a litigated outcome actually increases over time. Finally, we see that firms’ willingness to work things out privately is also influenced positively by the shadow of the future. These findings are suggestive of a “discriminating alignment” between exchange characteristics and the choice of dispute resolution procedure, and thus inject important new evidence into ongoing discussions about the legal underpinnings of different governance forms.
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The Assumptions of Development in the Spirit of Hegel's Philosophy of Economics (2) Private Property and Law

The Assumptions of Development in the Spirit of Hegel's Philosophy of Economics (2) Private Property and Law

within an organized institutional system, increases his property by his work. The work is the source of the idea of law as personal self-serving, conflicting interests of individuals can meet only in the framework of the rule of law, which transcends individual in a way that is creative potentials and opportunities of individuals encourage and develop and thus contribute to the development of general. Unlike Kant and representatives of the Enlightenment, who only started from the required free individuals, Hegel points out that property, as the objectivity of the individual, before the freedom of the individual, must be free. This is a precondition for apstarch law and state to become a kind of leverage for developmental dynamics and thus spreading the field of freedom.
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Constituent-Likelihood Grammar

Constituent-Likelihood Grammar

In sections C, 0 , and E I shall look briefly at three potential uses of CL grammar; a spelling and grammar 'checker' for use in Word Processors, a speech analysis program for converting[r]

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The Dual of the Maximum Likelihood

The Dual of the Maximum Likelihood

random variables, “the question is: To which population does the sample most likely belong?” The answer can be found by defining ([2] p. 396) “the likelihood function as the joint probability distribution of the data, treated as a function of the unknown coefficients. The Maximum Likelihood (ML) estimator of the unknown coeffi- cients consists of the values of the coefficients that maximize the likelihood function”. That is, the maximum li- kelihood estimator selects the parameter values that give the observed data sample the largest possible probabil- ity of having been drawn from a population defined by the estimated coefficients.
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On the monotone likelihood ratio of a

On the monotone likelihood ratio of a

KEY WORDS: Faulty inspection distribution; Hypergeometric distribution; Measure- ment error model; Monotone likelihood ratio; Screening tests.... A sample.[r]

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Empirical likelihood method

Empirical likelihood method

In Section 5.2 we define t he empir ical likelihood an d t he b o o t s t r a p tests. Af­ ter developing h ig he r- or de r exp ans ions for the power functi ons in Section 5.3, we p ro po s e in Section 5.4 two rules for pr actically choosing bet ween t he e mpir ica l like­ lihood a nd the b o o t s t r a p tests for un iva ri ate and bi vari ate cases. In t h e uni va ri a te case, t he rule says t h a t the empir ical likelihood test is m o re powerful t h a n th e cor ­ r e s p o n d i n g b o o t s t r a p test when r a 3 > 0, and vice versa when r a 3 < 0, where a 3 is t he p o pu l a t i o n skewness p a r a m e t e r . For higher d imens ion al cases, similar rules ma y be developed. In Section 5.5 we pr esent s imul ati on studies. We display our cal culations of c u m u l a n t s in A p p e n d i x 5.
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The debiased Whittle likelihood

The debiased Whittle likelihood

Prolate Spheroidal Sequence (DPSS) taper (Slepian & Pollak, 1961), with bandwidth parame- ter equal to 4, where performance was found to be broadly similar across different choices of bandwidth (not shown). We also include results for exact maximum likelihood (5). The results are averaged over estimates of the three parameters {A, α, c} which are all assumed unknown, where the true α varies from [0.6, 2.5] in intervals of 0.1, and we fix A = 1 and c = 0.2. This is 250

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Law of Wills

Law of Wills

Intestacy statutes provide a will for those who have neglected to make their own or, as in this case, are adjudged incompetent. See generally, Ronald J. Scalise, Jr., Honor Thy Father and Mother?: How Intestacy Law Goes Too Far in Protecting Parents, 37 Seton Hall L. Rev. 171 (2006). They are a necessary response to the fact that most Americans die without wills. Id. at 174. The intestacy laws are thought to fulfill the presumed intent of decedent and, alternatively, to embody society’s judgment as to how the decedent’s property should devolve. Id. at 173. See also Unif. Probate Code, art. II, pt. 1, gen. smt. (1969) (intestate succession “should in the main express what the typical intestate would have wished had he expressed his desires in the form of a will or otherwise”). However, case law has held that where there is no will, the distribution of a decedent’s estate must be in accord with the order specified in the intestacy statute even when the decedent expresses a contrary intent. Rozet, supra, 207 N.J.Super. at 326, 504 A.2d 145; Maxwell v. Maxwell, 122 N.J. Eq. 247, 193 A. 719 (Ch. 1937) next of kin take by intestacy is not in pursuance of the testator’s intention, but by force of law, regardless of what his intentions were).
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The Long-Term Effects of Rehabilitation Program for Children in Conflict with the Law

The Long-Term Effects of Rehabilitation Program for Children in Conflict with the Law

The researchers employed a descriptive survey method validated by a quantitative method in the form of a questionnaire. Descriptive research is conclusive in nature, as opposed to exploratory. This means that descriptive research gathers quantifiable information that can be used for statistical inference on your target audience through data analysis. As a consequence, this type of research takes the form of closed-ended, which limits its ability to provide unique insights (Penwardern, 2014). According to Kumar (2014), as cited by Subia, et.al. (2019) and Jocson, et.al.(2019), “descriptive research systematically describes a situation, problem, phenomenon, service or program, attitude toward an issue or simply, it provides information on a subject”.The research was conducted in different barangay in Cabanatuan City, Nueva Ecija, Philippines. The respondents of the study who were chosen purposively (Subia, 2018) were the rehabilitated children in conflict with the law and who finished and undergone the rehabilitation programs implemented on them such as; diversion and intervention.
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Circular local likelihood

Circular local likelihood

The final experiments are designed to gain knowledge about practical performance in the case that the smoothing degree is data-driven. We consider sixteen models, eight of which are bivariate. They are unimodal or multimodal and are more or less (rotationally) symmetric around the origin. We use, for each sample, two bandwidth selectors: the maximizer of likelihood cross-validation (LCV) given by Eq. (4) (which uses an un-normalized estimator); and classical least-squares cross-validation (LSCV). Computations were made using MATLAB, and some example code is available from http://www1.maths.leeds.ac.uk/~charles/TESTpaper/matlab.zip. The results are presented in terms of average integrated squared errors evaluated using normalized estimates; see Tables 1 (univariate populations) and 2 (bivariate populations). After noting that the relative merits of the estimators do not depend on which selector has been used, the main message is that the standard kernel is the worst density estimator, even with n = 100, when asymptotic performance is not relevant. First-order fits, i.e. P 1 , always have satisfactory performance because the bias reduction at the peaks,
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Sex and the Likelihood of Sanction

Sex and the Likelihood of Sanction

Because all of the institutional youths had contact with the judicial system during the previous year, many as major offenders, the offender index was dichotomized into "less delinquent"[r]

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Bayesian synthetic likelihood

Bayesian synthetic likelihood

There are some likelihood-free methods that work on the full data level, but it is com- mon practice to reduce the data to a summary statistic for computational or practical pur- poses (see Blum et al. (2013) for an outline of data reduction techniques). When summary statistics are used, a range of likelihood-free methods including approximate Bayesian com- putation (ABC, see Sisson and Fan (2011) for example) and the synthetic likelihood (SL) method of Wood (2010), which uses a multivariate normal approximation of the distribu- tion of a set of summary statistics, are applicable. Even though Wood (2010) incorporates the SL within a Markov chain Monte Carlo (MCMC) algorithm, the focus of Wood (2010) is to determine the maximum SL estimator, i.e. a classical approach. It is trivial to consider a Bayesian version of this, by assigning a prior distribution on the parameter. Then the output of the MCMC algorithm of Wood (2010) would be a sample from an approximated probability distribution of the parameter conditional on the observed summary statistic. We refer to this approach as Bayesian synthetic likelihood (BSL), which is the focus of this paper.
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The effect of the WTO dispute settlement crisis on the development of case law on national security exceptions: A critical scenario - QIL QDI

The effect of the WTO dispute settlement crisis on the development of case law on national security exceptions: A critical scenario - QIL QDI

Unfortunately, the coincidence between the crisis of the DSS and the occurrence of many claims on measures adopted under Article XXI may hamper the development (and consolidation) of a jurisprudential stance on the reviewability and scope of GATT Article XXI. Indeed, because of the highly politicized nature of disputes concerning the enforcement of such provisions, it is likely that the adoption of the panel reports will be blocked by the disputing parties providing notice of their decision to ap- peal. Surprisingly, the crippling effect of the DSS crisis on the develop- ment of WTO case law on national security exceptions has not been ad- equately taken into account.
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